Published on: 10 October, 2022 at 09:31 IST
Court – Supreme Court of India
Citation – Chaturbhuj v. Sita Bai (2008) 2 SCC 316
Hon’ble Supreme Court of India has held that the expression “Unable to Maintain Herself” does not mean that the wife must be absolutely destitute before she can apply for maintenance from her husband under the aegis of Section 125 of the Code of Criminal Procedure, 1973.
Para – 8
In an illustrative case where the wife was surviving by begging, it would not amount to her ability to maintain herself. It can also be not said that the wife has been capable of earning but she was not making an effort to earn. Whether the deserted wife was unable to maintain herself, has to be decided on the basis of the material placed on record.
Where the personal income of the wife is insufficient she can claim maintenance under Section 125 CrPC. The test is whether the wife is in a position to maintain herself in the way she was used to in the place of her husband.
In Bhagwan Dutt v. Kamla Devi [(1975) 2 SCC 386 : 1975 SCC (Cri) 563 : AIR 1975 SC 83] it was observed that the wife should be in a position to maintain a standard of living which is neither luxurious nor penurious but what is consistent with status of a family.
The expression “unable to maintain herself” does not mean that the wife must be absolutely destitute before she can apply for maintenance under Section 125 CrPC.
Drafted by – Abhijit Mishra
Key Words – Maintenance, Destitute, Standard of Living.